Electrical Industry Service Bureau, Inc. et al v. Barri Electric Company, Inc. et al
Filing
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ORDER STAYING JUDGMENT AND SETTING HEARING re 22 Objection, filed by Barri Electric Company, Inc. Further Case Management Conference set for 1/12/2016 09:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 1/7/16. (whalc1, COURT STAFF) (Filed on 1/7/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ELECTRICAL INDUSTRY SERVICE
BUREAU, INC., et al.,
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Plaintiffs,
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No. C 15-03131 WHA
v.
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BARRI ELECTRIC COMPANY, INC., a
California corporation, ERNEST
ULIBARRI, an individual,
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Defendants.
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ORDER STAYING JUDGMENT
AND SETTING HEARING
/
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On November 17, the Court entered an order granting the parties’ stipulation of
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contingent dismissal (Dkt. No. 18). The parties represented that they had settled their dispute
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and that the settlement agreement provided that “if any party alleges that the settlement
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agreement has been breached, the alleging party may reopen this matter at any time” (Dkt. No.
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13). The parties further represented that the case could be reopened “solely for the purpose of
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entering and enforcing the stipulated judgment” (Dkt. No. 17).
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The parties dismissed their case, the merits of the case are gone. Plaintiffs filed a
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stipulated judgment, which the Court entered (Dkt. No. 20). Defendants now contend they did
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not concur in the filing of that stipulated judgment, inasmuch as it does not reflect the amount
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due under the settlement agreement (Dkt. No. 22). Any dispute relating to the settlement
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agreement (which the Court had not seen until defendants filed their objection), should be
litigated in state court as a claim for breach of the settlement agreement.
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This order hereby STAYS the effectiveness of the stipulated judgment until TUESDAY
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JANUARY 12, AT 9:30 A.M., when the parties shall appear for a further case management
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conference. The parties should come prepared to explain why the stipulated judgment should
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not be entered.
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IT IS SO ORDERED.
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Dated: January 7, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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